HRM 3420 Lecture Notes - Lecture 8: Independent Contractor, Enbridge, Determinative
23 Jan 2017
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People found/felt that a common law system where rules were decided upon by appointed unelected judges and who did not reflect the average person was not sufficient to address certain social, legal deficiencies. And so (elected) citizen representatives passed legislation or statutes to address these issues. But whenever you give someone something, you take something from someone else. Big question to ask is: what makes a good law. The employment standards act only applies to employees. Government directly intervening in free labour markets to set a floor/basic standard. Esa definition of ee is pretty broad so broad it would include many people it is not intended to like independent contractors. S. 3 also indicates who the esa applies to and who it does not and provides many exceptions. To whom does it apply? in statute law always look first to see what the statute/act/legislation says. Have to go back to tests in cases like sagaz, braiden v la-
